Often times, people want to know what happens in a mediation session. Well, a mediation session is a time for the parties to come together and to discuss their commonalities and their differences. To discuss what is strong about one side of the case and to discuss what is strong about the other side of the case. And, to discuss what is weak about one side of the case, as well as the weakness of the other side of the case. And, it is hoped that by having these discussions both sides can see the case from the other side’s perspective and arrive at a common ground.
Now, you ask, “What is the difference between mediation session and a trial?” A trial is completely adversarial proceeding. Both of the sides bring their cases to the court, they present their case and a neutral party – either a judge, or in some cases a jury – listens to all the evidence and makes a decision about whether there is, in fact, liability, and the amount of harms and losses and, most importantly, what the value is of those harms and losses.
In mediation, it works more as the two sides presenting each side to the other one, and they come to a mutual agreement and an amount that is a compromise between what one sides wants and what the other side wants to give. And, the two parties are completely at their own voluntarily will to setting what they agree to pay or how they agree to resolve the dispute.